1 CGHC010109692024 2026:CGHC:34514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 749 of 2024 Tulsidas Sahu S/o Late Tankadhar Sahu Aged About 32 Years R/o Village Venkatesh Cinema Hall, Sanjay Nagar, Ward No. 03, Supela, Bhilai, Tahsil And District Durg Chhattisgarh. ... Appellant versus 1 - Ranjeet Singh @ Raju S/o Sukhdev Singh, Aged About 44 Years R/o House No. 160/22, Sadak No. 20/a, Risali Pragati Nagar (West), Bhilai, Tahsil And District Durg Chhattisgarh (Drive Of Offending Vehicle No.Cg-07/e-1403) 2 - Krishna Public School, Proprietor/ Chairman, Madan Mohan Tripathi, R/o -47/5, Nehru Nagar (East), Bhilai, Tahsil And District Durg Chhattisgarh (Owner Of Offending Vehicle No.Cg-07/e-1403) 3 - National Insurance Company Limited, Through Divisional Manager, Address Akash Ganga Parisar, Supela Bhilai, Tahsil And District Durg Chhattisgarh (Insurer Of Offending Vehicle No.Cg-07/e- 1403) --- Respondent(s) 2 For Appellants : Mr. Praveen Dhurandhar, Advocate For Respondents No.1 & 2 : None For Respondents No.3 : Mr. Dashrath Gupta, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (06.08.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 24.01.2024, passed in Claim Case No.169/2021, passed by Motor Accident Claims Tribunal, Durg (C.G.), whereby the learned Claims Tribunal has awarded a total sum of Rs.70,000/- as compensation for death of Bhanu Sahu who was aged about 55 years and died in a road accident which took place on 21.01.2019. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has not assessed income of the deceased and also not added future prospect, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the 3 compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, it is true that the learned Tribunal has not assessed the income of the deceased. The income ought to be taken as Rs. 8,140/- as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, 10% towards future prospects ought to be added. To that extent, the impugned award needs modification. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income NA Rs. 8140 x 12 = 97,680/- 2. Future prospect NA (+)10% (i.e. Rs. 9768) = 1,07,448/- 3. Deduction NA (-) 1/2 (i.e. 53724) = 53,724/- 4. Multiplier NA (x) 11 = 5,90,964/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 5 Other conventional heads Rs. 70,000/- Rs. 70,000/- (15000+15000+400 00) Total Rs. 70,000/- Rs. 6,60,964/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.70,000/- awarded by the Claims Tribunal is enhanced to Rs.6,60,964/-. Hence, after deducting the amount of Rs.70,000/-, the appellants are held entitled for an additional amount of Rs.5,90,964/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award including the order of pay and recover shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham